Kimball v. Town of Newport
Supreme Court of Vermont
Case for the false, fraudulent, and malicious arrest and imprisonment of the plaintiff upon an execution issued upon a judgment in favor of the defendant against the plaintiff, which said judgment and execution the plaintiff alleged to be void.
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Case for the false, fraudulent, and malicious arrest and imprisonment of the plaintiff upon an execution issued upon a judgment in favor of the defendant against the plaintiff, which said judgment and execution the plaintiff alleged to be void. The defendant pleaded the general issue, and a special plea of justification, alleging the due and regular recovery of said judgment before a justice of the peace, the revival thereof by scire faieas, the issue of execution thereon, and the arrest of the plaintiff by virtue thereof. The plaintiff replied that after the original suit in which said…
1Opinion of the CourtRoyce, J.
The plea in this case avers the obtaining of a judgment and the issuing of an execution upon it, under which the plaintiff was arrested and imprisoned. The proceedings all appear to have been legal in form and furnish a sufficient prima facie justification for the arrest and imprisonment complained of.
Tho plaintiff in his replication seeks to avoid the legal effect of the original judgment,, upon the ground that an agreement was *42entered into between him and the defendant, that he was to do notified of the time when the suit was to be tried ; that ho never received any such notice, and that in…
2Cases cited1 opinion
- Ellsworth v. LearnedSupreme Court of Vermont · 1849
3Cited by7 opinions
- Town of Putney v. Town of BrooklineSupreme Court of Vermont · 1967
- Santerre v. SylvesterSupreme Court of Vermont · 1937
- Sherman v. HannoSupreme Court of New Hampshire · 1889
- Francis F. Holt & Co. v. ThacherSupreme Court of Vermont · 1880
- Mussey v. WhiteSupreme Court of Vermont · 1886
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